If I am a victim of identity theft, what can I do to convince collection agency I did not commit fraud?

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If I am a victim of identity theft, what can I do to convince collection agency I did not commit fraud?

The agency insists I opened a bank account in another state and wrote bad checks. I have never lived in that state. Should I offer to send my signature by fax to match any signature they might have?

Asked on September 7, 2012 under Bankruptcy Law, Hawaii

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should retain an attorney to help you with this--a lawyer will increase your chance of success. Evidence that would be helpful includes:

1) Utility bills, tax bills, phone records, etc. proving you live in the state you do live, not the other state;

2) A handwriting sample, as you suggest;

3) Payroll records, pay stubs, or other employment records showing that you are working in the state where you live, not elsewhere.

4) Your testimony and that of other people who live with or otherwise would know where you are (e.g. a spouse).

5) If you know the date someone opened that bank account, evidence you were elsewhere (e.g. not at the bank) on that date, like credit card receipts for food, shopping, gas, etc.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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